Office of Civil Rights

“We Are Who We Serve”

Federal AviationAdministrationNew Rule’s Impact on

DBE/ACDBE Certification

2011 National Airport Civil Rights Training Conference

DBE/ACDBE Certification2Federal Aviation

Administration

Presentation Overview

• New Rule’s Impact on Certification

• Non-Certifiers• Your Responsibilities with Respect to UCP• Guidance on Monitoring and Counting DBE

Participation

• Q & A Session

DBE/ACDBE Certification3Federal Aviation

Administration

New Rule: Certification ImpactPNW Cap Increase

Interstate CertificationStates to accept DBE certification from other states unless States to accept DBE certification from other states unless there is “good cause” not to accept itthere is “good cause” not to accept it

No Limit to Number of NAICSFirm must demonstrate it can do the work and owner must Firm must demonstrate it can do the work and owner must demonstrate controldemonstrate control

(DBE only)(DBE only)

DBE/ACDBE Certification4Federal Aviation

Administration

New Rule: Certification Impact

Interstate Certification

State A State B

MADE EASIER

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Administration

New Rule: Certification Impact

PREVIOUSLY DENIED OR DECERTIFIED FIRMS (due to PNW)

• If Within One Year of Effective Date of New Rule (2/28/2011), Okay to Re-Submit Without Further Waiting Period (formerly 12 months)

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Administration

New Rule: Certification Impact

• Interstate Certification Provisions Become Mandatory January 1, 2012

• Don’t Make Firms Get Out-of-State License Before Certification Decision– Consider Cost to Firm

DBE/ACDBE Certification7Federal Aviation

Administration

New Rule: Certification Impact

• Regulatory Provisions Relating to Lapsed SBA-DOT MOU Deleted– No Longer Streamlined Process for 8(a)

Firms

• If Owner Transfers/Invests Assets– Agency Authorized to Scrutinize Investment

DBE/ACDBE Certification8Federal Aviation

Administration

Non-Certifiers

• Your Website– Include certification information for firms interested in doing business with

you

• Things to Look for When Accepting a DBE Firm on Your Contract:– Verify firm is certified in NAICS code that matches the type of work they

are bidding on– Suspicions about ownership, control, etc.?

• Contact UCP

DBE/ACDBE Certification9Federal Aviation

Administration

Non-Certifiers

• The UCP and You -- Get Involved!

Sec. 26.81 What are the requirements for Unified Certification Programs?

(a) You and all other DOT recipients in your state must participate in a Unified Certification Program (UCP)

DBE/ACDBE Certification10Federal Aviation

Administration

Non-Certifiers

• UCP – Participate!

• Go to UCP Website and Make Contact– Keep up-to-date with DBE Program– Get Answers to Your DBE Certification

Questions

DBE/ACDBE Certification11Federal Aviation

Administration

Questions?